Proposal would allow tenure charge cases to be handled by an arbitrator instead of a state Administrative Law Judge Watch video
TRENTON — The state’s largest teachers union took its first steps Tuesday toward streamlining the process for removing tenured teachers, a plan that drew tepid praise from Gov. Chris Christie but was criticized by others for not going far enough.
The proposal by the New Jersey Education Association, unveiled during a press conference in Trenton, would allow tenure charge cases to be handled by an arbitrator instead of a state Administrative Law Judge. Changing the process would make it quicker and less expensive to dismiss tenured teachers, NJEA President Barbara Keshishian said.
Tenure is the job protection New Jersey educations receive after three years and one day on the job. It has come under increasing fire from Christie and some education advocates.
The governor, during a separate press conference Tuesday, said it wasn’t until he took office and began his reform efforts that the union started talking about tenure.
"I’ve said all along that I’m happy to work with the teachers union if they’re willing to show some concrete steps," Christie said, adding that union leaders should "stop denying the fact that we have significant educational challenges in the state."
In a separate interview, Michael Drewniak, a spokesman for Christie, said that "while the governor is encouraged the NJEA is finally acknowledging the tenure system is broken, given the fatal flaws in the current system, this is simply not enough."
Others faulted the proposal for what it did not include, such as changing the length of time before teachers get tenure or moving to renewable contracts.
"It doesn’t get to the root of the problem," said Frank Belluscio, spokesman for the New Jersey School Boards Association, whose group wants a tenure system where job performance is taken into account for renewal.
Vincent Giordano, the NJEA’s executive director, said the union did not propose extending the three-year probationary period because "when a system works, why would we seek to change it?"
"No one has identified what would be gained by lengthening what is the longest probationary tenure in any union structure," he said.
Giordano did say, however, that the union would be open to discussing it.
Under the current system, an Administrative Law Judge hears tenure charge cases and issues a ruling to the education commissioner who can uphold, modify or reject it. According to the school boards association and the NJEA, that process can take up to a year, cost a school district approximately $100,000 and the union as much as $25,000.
Under the union’s proposal, the process for bringing tenure charges would remain largely unchanged. However, an arbitrator would hear a case within 60 days of its filing and issue a binding decision within 30 days of that. The new system would apply to all school employees, plus those at county colleges and public four-year colleges.
The proposal comes at a time when tenure and education reform are hot-button items in the state. Christie has an appointed a special task force to come up with a way to evaluate teachers and principals. The issue will also be discussed in Trenton Thursday during a hearing of the Senate Education Committee.
The committee chairwoman, Sen. Teresa Ruiz, (D-Essex,) said she hopes to bring together "a good consortium of folks from across the board" and come up with a solid tenure reform bill.
Extending the probationary period before teachers get tenure could be one of the items in the bill, she said.
"The most important thing is that children in classroom have the most qualified people leading them," Ruiz said.
In addition to tenure proposal, the NJEA also called for more teacher mentoring and legislation to expand the scope of collective bargaining for teacher contracts to include items such as class size and selection of instructional materials. The school boards association objected to the collective bargaining change, too.
"Something like class size is a public policy matter that needs to be determined in an open public meeting," Belluscio said. "Negotiations take place behind closed doors. We are against that."
The NJEA proposal did not include merit pay for teachers, although it does calls for creating a state-funded voluntary grant program to support teacher-driven innovation in successful "Schools of Distinction."
Previous coverage:
• NJEA recommends streamlined process for dismissing tenured teachers
• Complete Star-Ledger coverage of the continuing dispute between N.J. Gov. Chris Christie, NJEA
• NJEA to unveil reformed proposals on tenure, failing schools
• N.J. education chief promotes teacher tenure changes, 'merit pay' reforms
• N.J. education chief proposes sweeping school reform, urges NJEA cooperation
• States increasingly take aim at teachers' tenure as legal fees mount to fire some
• NJEA president praises teachers during address, ignores Christie administration snub
• A first for NJEA: Acting N.J. education commissioner declines to speak at convention